42 U.S. Code § 11301 - Findings and purpose

(1)the Nation faces an immediate and unprecedented crisis due to the lack of shelter for a growing number of individuals and families, including elderly persons, handicapped persons, families with children, Native Americans, and veterans;

(2)the problem of homelessness has become more severe and, in the absence of more effective efforts, is expected to become dramatically worse, endangering the lives and safety of the homeless;

(3)the causes of homelessness are many and complex, and homeless individuals have diverse needs;

(4)there is no single, simple solution to the problem of homelessness because of the different subpopulations of the homeless, the different causes of and reasons for homelessness, and the different needs of homeless individuals;

(5)due to the record increase in homelessness, States, units of local government, and private voluntary organizations have been unable to meet the basic human needs of all the homeless and, in the absence of greater Federal assistance, will be unable to protect the lives and safety of all the homeless in need of assistance; and

(6)the Federal Government has a clear responsibility and an existing capacity to fulfill a more effective and responsible role to meet the basic human needs and to engender respect for the human dignity of the homeless.

(b) Purpose

It is the purpose of this chapter—

(1)to establish the United States Interagency Council on Homelessness;

(2)to use public resources and programs in a more coordinated manner to meet the critically urgent needs of the homeless of the Nation; and

(3)to provide funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans.

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Amendments

2004—Subsec. (b)(1). Pub. L. 108–199substituted “the United States Interagency Council on Homelessness” for “an Interagency Council on the Homeless”.

Pub. L. 107–110, title X, § 1031,Jan. 8, 2002, 115 Stat. 1989, provided that: “This part [part C (§§ 1031–1034) of title X of Pub. L. 107–110, enacting sections
11431 to
11435 of this title and provisions set out as a note below and amending provisions set out as a note below] may be cited as the ‘McKinney-Vento Homeless Education Assistance Improvements Act of 2001’.”

Short Title of 1994 Amendment

Pub. L. 103–421, § 1,Oct. 25, 1994, 108 Stat. 4346, provided that: “This Act [amending section
11411 of this title and enacting and amending provisions set out as notes under section
2687 of Title
10, Armed Forces] may cited as the ‘Base Closure Community Redevelopment and Homeless Assistance Act of 1994’.”

Short Title of 1993 Amendment

Pub. L. 103–120, § 1,Oct. 27, 1993, 107 Stat. 1144, provided that: “This Act [amending sections
1490o and
12724 of this title and sections
1701z–11,
1721, and
1735f–9 of Title
12, Banks and Banking, enacting provisions set out as notes under this section and sections
1437f,
1490o, and
9816 of this title, and amending a provision set out as a note under section
1437f of this title] may be cited as the ‘HUD Demonstration Act of 1993’.”

Short Title of 1992 Amendment

Pub. L. 102–550, title XIV, § 1401,Oct. 28, 1992, 106 Stat. 4012, provided that: “This title [enacting sections
11381 to
11389,
11391 to
11399,
11403e–4,
11404,
11405 to
11405b,
11406 to
11406b,
11407 to
11407b,
11408, and
11408a of this title, transferring sections
11404c to
11404e of this title to sections
11403e–1 to
11403e–3 of this title, respectively, amending sections
11318,
11319,
11346,
11352,
11374,
11375,
11377,
11401,
11403a,
11403c to
11403e,
11403g,
11403h,
11404a, and
11404b of this title, repealing sections
11381 to
11388,
11391 to
11394,
11404,
11405 to
11405c, and
11406 to
11406c of this title, enacting provisions set out as notes preceding section
11361 and under sections
11361,
11381, and
11411 of this title, amending provisions set out as a note under this section, and repealing provisions set out as notes under sections
11361,
11391, and
11399 of this title] may be cited as the ‘Stewart B. McKinney Homeless Housing Assistance Amendments Act of 1992’.”

[Pub. L. 107–116, title VI, § 634(b),Jan. 10, 2002, 115 Stat. 2228, provided that: “The amendment made by subsection (a) of this section [which directed the amendment of section 101(a) ofPub. L. 100–77, set out above] is deemed to have taken effect immediately after the enactment of Public Law 106–400 [which was approved Oct. 30, 2000] (114 Stat. 1675).”]

“(a) In General.—Not later than 12 months after the date of the enactment of this division [May 20, 2009], the Secretary of Housing and Urban Development shall promulgate regulations governing the operation of the programs that are created or modified by this division [see Short Title of 2009 Amendment note above].

“(b) Effective Date.—This section shall take effect on the date of the enactment of this division.”

Pub. L. 100–628, title IV, § 485,Nov. 7, 1988, 102 Stat. 3239, provided that: “Not later than 60 days after the date of the enactment of this Act [Nov. 7, 1988], the Secretary of Housing and Urban Development or other Federal entity involved shall by notice establish such requirements as may be necessary to carry out the amendments made by titles I through IV [see Tables for classification] and by section
501(2)(B) [amending section
11411 of this title]. The Secretary or other Federal entity involved shall issue regulations based on the notice not later than 12 months after the date of the enactment of this Act.”

“(1) a lack of affordable housing and limited scale of housing assistance programs are the primary causes of homelessness; and

“(2) homelessness affects all types of communities in the United States, including rural, urban, and suburban areas.

“(b) Purposes.—The purposes of this division [see Short Title of 2009 Amendment note above] are—

“(1) to consolidate the separate homeless assistance programs carried out under title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.] (consisting of the supportive housing program and related innovative programs, the safe havens program, the section
8 [42 U.S.C. 1437f] assistance program for single-room occupancy dwellings, and the shelter plus care program) into a single program with specific eligible activities;

“(2) to codify in Federal law the continuum of care planning process as a required and integral local function necessary to generate the local strategies for ending homelessness; and

“(3) to establish a Federal goal of ensuring that individuals and families who become homeless return to permanent housing within 30 days.”

References to Stewart B. McKinney Homeless Assistance Act

Pub. L. 106–400, § 2,Oct. 30, 2000, 114 Stat. 1675, provided that: “Any reference in any law, regulation, document, paper, or other record of the United States to the Stewart B. McKinney Homeless Assistance Act shall be deemed to be a reference to the ‘McKinney-Vento Homeless Assistance Act’.”

Innovative Homeless Initiatives Demonstration Program

Pub. L. 103–120, § 2,Oct. 27, 1993, 107 Stat. 1144, as amended by Pub. L. 104–330, title V, § 506(b),Oct. 26, 1996, 110 Stat. 4045, directed Secretary of Housing and Urban Development, through cooperative efforts in partnership with other levels of government and the private sector, including nonprofit organizations, foundations, and communities, to demonstrate methods of undertaking comprehensive strategies for assisting homeless individuals and families (including homeless individuals who have AIDS or who are infected with HIV), through a variety of activities, including the coordination of efforts and the filling of gaps in available services and resources, directed Secretary to provide comprehensive homeless demonstration grants and innovative project funding, and provided for submission of reports and authorization of appropriations, prior to repeal by Pub. L. 103–120, § 2(g),Oct. 27, 1993, 107 Stat. 1148.

Strategy To Eliminate Unfit Transient Facilities

Pub. L. 101–625, title VIII, § 825,Nov. 28, 1990, 104 Stat. 4356, as amended by Pub. L. 102–550, title XIV, § 1412,Oct. 28, 1992, 106 Stat. 4039, directed Secretary of Housing and Urban Development, not more than 9 months after Oct. 28, 1992, to identify the States and units of general local government using unfit transient facilities as housing for homeless families with children and develop and publish in the Federal Register a strategy to eliminate such use by July 1, 1994, and in developing such strategy, to consult with the Secretary of the Department of Health and Human Services, the Administrator of the Federal Emergency Management Agency, other appropriate Federal officials, appropriate States and units of general local government, major organizations representing homeless persons and other experts.

Report on Effect of Rent Control on Homelessness

Pub. L. 100–628, title IV, § 483,Nov. 7, 1988, 102 Stat. 3238, directed Secretary of Housing and Urban Development, within 12 months after Nov. 7, 1988, to submit to Congress a report evaluating the impact of local housing rent controls and regulations on rate of homelessness, and on the development, supply, availability, and affordability of housing, in major cities in the United States, with report to include additional specified information.

Requirement of Certain Study With Respect to Homelessness

Pub. L. 100–77, title VI, § 603,July 22, 1987, 101 Stat. 515, directed Secretary of Health and Human Services, not later than 18 months after July 22, 1987, to complete a study with respect to determining extent to which mental health deinstitutionalization policies of States are contributing to problem of homelessness, and submit to Congress the findings made as a result of such study, including any recommendations with respect to administrative and legislative initiatives that could reduce the number of chronically mentally ill individuals who are homeless.